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If There is No Victim, There is No Crime
In order tor a crime to take place they must first create a victim. The individual accused of a crime must violate the life, liberty or property of another individual. One of the rights mandated in our Bill of Rights is that a person accused of a crime has the right to cross examine the witnesses against him. In other words, the defendant has a right to confront the injured party.
If there is no injured party, and hence, no one to cross examine, the individual accused of the crime cannot defend himself in a court of law.
A government is a legal fiction and has no rights and cannot be an injured party. Only human beings have rights. Individuals can testify against an accused person but a legal fiction cannot. When an unjust law is enforced, the accused individual becomes a victim.
Amendment VI
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."
Ninety-eight percent of the people in prison were denied their right to a trial by a jury. In order to avoid the possibility of being convicted of a more serious crime the accused pleads guilty to a lesser crime. In many cases they have committed no crime at all. This practice is an enemy of justice and a great way to raise money for corrupt lawyer and judges.
In the land of the free, we have more of our people in prison than any other country in the world. The biggest crime today is that we incarcerate people for committing victimless crimes.
A crime has been committed only when the life, liberty or property of one human being is violated by another human being. In order for a crime to take place there must be both a victim and a person responsible.
We have a God given right enumerated in the Fifth Amendment that guarantees those suspected of a crime will have the opportunity to cross examine the witnesses against them. When there is no victim there is no one to testify against the accused.
Only individuals have rights and artificial persons such as corporations can not testify in a court of law.
When people violate a rule, regulation, code, ordinance or statute they have not violated the law and have not committed a crime.
Replies to This Discussion
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Permalink Reply by Al Pollock on
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Not to change the subject but if you shoot someone who invades your home (legal carry or pistol permit) you will be charged and will have to fight to prove you were in fear of your life. Mind you they our in your home unwelcome and a threat.
The whole legal system judges ,lawyers and courts suck .To have to spend thousands of dollars to prove innocent in a open and close case is unconstitutional .............
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Permalink Reply by Keith Broaders on
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If the victim of the crime is killed or is not available to testify against the accused, the evidence will speak for the deceased victim.
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Al, have you ever heard the phrase, "It is better to be judged by 12, than carried by six."? Actually, there may be a few places left in this country, that would put a person on trial, that shot an intruder in their home, but it would definitely be one of those that are LEFT!
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The New American Pledge of Allegiance
1. I pledge allegiance to the original principles of the United States of America, holding that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, and that among these are Life, Liberty and the Pursuit of Happiness.
2. I hold further that our Government was only instituted among Men to secure our rights to Life, Liberty and the Pursuit of Happiness, deriving their just Powers from the consent of all Americans, and that whenever any Form of Government becomes destructive of these ends, it is the Right of all Americans to alter or to abolish it, and to institute a new Government, laying its foundation on such principles as stated in the first paragraph and organizing its powers in such form, as to them shall seem most likely to protect their Rights to Life, Liberty and the Pursuit of Happiness of all Americans.
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daniel
what r u talking about?
I am looking for solid answers here.
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sorry no change , never will .........
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Had someone killed Lee Harvey Oswald before he had a chance to assassinate JFK, that someone would be on death row ...makes sense, no?
It's the intent that defines the criminal.
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Oleg, I am sure you have a point, but I am struggling to figure out what it might be.
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Fredrick, how about this... muslim "refugees" should not be allowed into any country, yet they have not commited any crimes, yet! ...
On her way to work one morning
Down the path along side the lake
A tender hearted woman saw a poor half frozen snake
His pretty colored skin had been all frosted with the dew
"Oh well," she cried, "I'll take you in and I'll take care of you"
"Take me in oh tender woman
Take me in, for heaven's sake
Take me in oh tender woman, " sighed the snakeShe wrapped him up all cozy in a curvature of silk
And then laid him by the fireside with some honey and some milk
Now she hurried home from work that night as soon as she arrived
She found that pretty snake she'd taking in had been revived
"Take me in, oh tender woman
Take me in, for heaven's sake
Take me in oh tender woman, " sighed the snakeNow she clutched him to her bosom, "You're so beautiful," she cried
"But if I hadn't brought you in by now you might have died"
Now she stroked his pretty skin and then she kissed and held him tight
But instead of saying thanks, that snake gave her a vicious bite
"Take me in, oh tender woman
Take me in, for heaven's sake
Take me in oh tender woman, " sighed the snake"I saved you," cried that woman
"And you've bit me even, why?
You know your bite is poisonous and now I'm going to die"
"Oh shut up, silly woman," said the reptile with a grin
"You knew damn well I was a snake before you took me in
"Take me in, oh tender woman
Take me in, for heaven's sake
Take me in oh tender woman, " sighed the snake
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Thank you, Oleg! Damn snake! Common Law = Common Sense!
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What you said is not entirely true, US Supreme Court recognized the rights of legal fictions when they changed the legal definition of the word "person to include corporations, trusts, and partnerships, etc."
1. So you are wrong there.
The person accused of a crime Alleged Defendant must injure the the Plaintiff, can it be a contractual injury, YES.
People in prison are found guilty for violating terms of a contract, Motor Vehicle Code that you said would obey.
2. Wrong again.
But you maybe on to something when you say you have "when there is an inability to cross examine the injured party, the Alleged Defendant looses the ability to defend himself, this is where I would go.
Land of the Free Home of the Stupid and Ignorant, people go into court unprepared and do not understand what is going on. Not every state is the same.
Padelfort, Fay & Co. v. Mayor and Aldermen of City of Savana
14 Ga. 438, 1854 WL 1492 (Ga., Jan Term 1854 (NO. 64 "No private person has a right to complain by suit in court on the ground of a breach of the United States constitution; for though the constitution is a compact, he is not a party to it.
The constitution does not apply to a private person
If you did not sign the constitution you are not a party to it, you where not there when it was signed and you did not authorize any one to sign if for you.
Wake up America.
The constitution is a compact that restricts the government, every one who singed the constitution signed for his state not the people.
wake up America.
You are an American National not a US citizen or a State Citizen.
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stephen
u are not correct.
the founding documents were created by and for the people.
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